Politicking on Kids’ Backs

The Supreme Court had no illusions in December about the difficulties facing the new campaign-finance reform law when it upheld the law’s ban on so-called soft money, unlimited donations to political parties and other groups. “Money, like water, will always find an outlet,” wrote justices John Paul Stevens and Sandra Day O’Connor. “What problems will arise, and how Congress will respond, are concerns for another day.” Because of House Majority Leader Tom DeLay (R-Texas), that day has arrived.

DeLay has made plans to use a nonprofit, tax-exempt charitable foundation created by him and operated by his daughter and several of his associates to fund political events at the Republican National Convention over Labor Day weekend. DeLay weakened House ethics rules last year, ending bans on free trips to and lodging at charity events where lawmakers mingle with lobbyists and businesspeople. His latest maneuver could free both political parties to use captive charitable organizations as vehicles for off-the-books influence peddling.

The brochure for DeLay’s charity, Celebrations for Children Inc., openly solicits funds to be used to pay for a luxury hospitality suite for big donors, a yacht cruise, VIP tickets to Broadway shows, a golf tournament and a late-night party. For $500,000, a donor gets a private dinner before and after the convention with DeLay and colleagues as well as high-level staffers. These are functions for which political soft money was used during the 2000 conventions.

DeLay certainly leaves the impression of trading influence for money. The donations are even tax-deductible beyond the amount used by the charity for actual event costs. But it’s not a tax deduction that lobbyists will be chasing. It’s private access to power.

Such grimy use of a children’s charity will ring bells in Los Angeles. In 1997, then-City Councilman Richard Alatorre was hauled before the city Ethics Commission in connection with two charities that he helped create and that were administered by his wife. Alatorre solicited large donations for the charities from companies that did business with the city. It smelled, and Alatorre lost his foothold in politics.

The Internal Revenue Service will eventually determine whether DeLay’s charity meets the federal requirement that nonprofits refrain from partisan political conduct. The House Ethics Committee, however, should not wait for a ruling on the letter of the law. For five years, an unofficial truce has existed between Republicans and Democrats who tired of mutual destruction stemming from ethics charges after House speakers Jim Wright (D-Texas) and Newt Gingrich (R-Ga.) had to resign. The pendulum has swung too far the other way. Ethics Committee Chairman Joel Hefley (R-Colo.) and ranking Democrat Alan B. Mollohan (W.Va.) should issue an advisory opinion to their colleagues on the ethics and legality of DeLay’s use of his charity.

DeLay has worked hard and honorably to help disadvantaged children in the past. Now, unfortunately, he is engaged in a political arms race that will only hurt the reputations of legitimate charities.